Copyright violations: are they valid?

Hello to all,


I am a videomaker wishing to share matters related to spiritual and social issues. I have made and posted many videos on the You Tube.


I have been recently served a notice that an audio clip which I had created in Garage band using Apple's loops 'MAY BE MATCHING' someone else's composition! In fact, to avoid such claims I had taken the pains to create my own compositions and use them as background music for my projects. I have those projects in my GB and can even show that I had created the file and not copied it from anyone else. I have contested the claim and would like to know from this forum how I need to pursue this matter in the future. I also like to share with you this feeling I have: is there any party busy in making spurious claims in this matter for personal gains? Is there any process adopted by You Tube to ensure that invalid challenges are inhibited?


Another matter of intrugue is 'part of the music is matching'! Now when you use Apple loops, is it not possible that the same loops you use may have been used [or will be used] by another person?


I wish there would be fairplay in this matter and claims to copyright violations are first scrutinised thoroughly even before notices are served.


Hoping to hear from seasoned forum members in this 'plight' of mine!

iMac, Mac OS X (10.7.5), garage band, FCPX:10.0.8 version

Posted on Sep 13, 2013 2:48 AM

Reply
22 replies

Oct 5, 2013 7:14 PM in response to somanna

I couldn't find your email in the profile.


There's no fixed format. Use any TV show as a guide. I prefer to use opening credits but they can be placed at the end as well. Just label what you use by what it's called: stock footage, media, music, or whatever (photographs, songs, pictures, "pics" - as formal or as informal as you please). If it has a title, use that also or instead, and provide the preferred name — individual or company — of the provider. Some titling uses "Special Thanks" for crediting "contributors". Given the proper credit, it will usually be assumed that you have permission to use the media, but I tend to "spell things out" for youtube by expressly stating "used with (or by) permission". If you have a production name, use that for the work: produced by < > or just stick the copyright line on the video [ ©2013 by < >]. The copyright symbol on the mac is at Option-g. Even if you use the word copyright, the symbol, and the year produced, must accompany the "tagline": copyright ©2013 by ...... You can put these things anywhere. Titling is just another creative aspect of video production. It used to be the sole job of many companies in the past.


Applying copyright IS optional... every original work is *assumed* to be copyright by the creator. However, leaving it out tends to be ambiguous, especially if you incorporate the work of others, even IF you have permission to do so. So, in that respect, the visual copyright and credits removes all ambiguity. It looks "more professional." It makes sites like YouTube much more comfortable about the work you are posting because it removes all the risk from them—and for the people who created content that you used, it's very much appreciated that they have been acknowledged. There's no "legalese" involved — just tell the truth. If you use copyright, the only requirement is ©<year>... It means "you mean business" about protecting your work, your production, your "baby." 😉

Oct 5, 2013 11:14 PM in response to fox_m

1) you've been given the impression that you can use these loops in all your productions, both personal and commercial.


This is essentially true... however: f you read the fine print (several times, and slowly 😉 )


2) you're not supposed to use any Apple Loops from 3rd parties without providing appropriate credit (IN the work in which it is used; not the "about" or "description"; not anywhere apart from the work itself.)

Shows us the fine print please, because I'm sure we've been over this before. And you are comptetely wrong.

Oct 5, 2013 11:19 PM in response to fox_m

3) You are not supposed to use any Apple Loop "standalone" in its "entirety" -- in other words, you cannot provide any other party to be able to download/copy the Loop so that it is in the same condition provided to you... You need to "ruin" it in some way (voiceover, or add other content to change it in some way.)

Wrong again. You misunderstand the clause that tries to prevent reselling the piece on and take it to mean you can't even use it without changing it. That would be very stupid, don't you think, if what you're saying here is true? That's a rhetorical question.


Please refrain from giving this advice unless you really know it to be true (not just guessing from your own interpretation of the fine print)

Oct 6, 2013 1:20 AM in response to furrytoes

All right...


[*I purposely broke some sections up into more readable chunks, but I have not altered the wording]


From the Apple Logic Studio Software License Agreement:


Under 1) General:


Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.


Under 2) Permitted License and Restrictions:


Section C :


Except as otherwise indicated, you may use the Apple and third party audio file content (including, but not limited to, the Apple Loops, built-in sound files, samples and impulse responses) (collectively the “Audio Content”), contained in or otherwise included with the Apple Software, on a royalty-free basis,

to create your own original soundtracks for your film, video and audio projects.


You may broadcast and/or distribute your own soundtracks that were created using the Audio Content,

however,

individual Apple loops, audio files, sound settings, samples and impulse responses may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, sound files, sound effects or music beds.


Under Section E :


You may not, and you agree not to, or to enable others to, copy (except as and only to the extent permitted in this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law).



Under Section 5: Termination:


Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License.



________________________________________________


"Royalty free" does NOT mean copyright free.


All of those 3rd party clips are royalty free but not copyright free (I have personally found out the hard way... ok??? YouTube's content matching system will correctly identify these third party licensors as the content owner... if you want to be able to monetize your video, you have to play by the rules.) If you use a 3rd party clip "as is" (the exact "Apple Loop"), it is identifiable as such (and we're are remembering the admonition to not allow copying -- right? so it's mixed with other content) the third party copyright holder needs to be credited or you cannot use the clip in a commercial venue, at least on YouTube and the like, unless THEIR license grants you permission to do so (some of them do.)


(If you don't care about being a "Partner in good standing" at YouTube, you CAN ignore everything I'm saying, because it just won't matter. Apple and these 3rd party contributors to Apple Loops aren't going to do anything to you. But if you're *respectful* you will give credit where credit is due. Putting information in the "description" section [or About, now] is not the same as placing the credit within the content of your work, where it belongs.)


"your own original soundtracks that were created using" means you have altered the content enough to be considered your original composition. You don't get to use Apple Loops without alteration and call them your original work.

________________________________________________


Many of the loops in Logic were created "in-house" at Apple (Apple, Inc.). There are many more created by third party contributors. Some of the 3rd party contributors are:


Sound Ideas

Detroit Chop Shop

PowerFX (PowerFX Systems AB if you follow the link provided.)

Alan Cannistraro

Alec Little

Joe Howard

Mark Altekruse

and many others... the "third parties" referred to in the licensing.


All of this information is available to everyone using FCPX under the "Artist" column of the Music and Sound Browser... It's there for a reason.



Copyright laws can be different in different countries. This EULA is for the United States distribution of Apple Logic Studio (specifically version 8).


YMMV.



Oct 9, 2013 10:10 PM in response to fox_m

My interpretation of "standalone" is that Apple wants to prevent the loops being resold or redistributed *as audio or music files*.


Whether you can use a loop unaltered as a video soundtrack seems more grey. Video is not mentioned here, presumably because this fine print is from Logic Studio, a sound program. Do you have the equivalent fine print for iMovie or FCP?


In terms of Section E - "enabling" others to copy etc - the issue would be whether "enabling" includes "failure to protect/prevent" someone from copying. If it does, then it could be argued that uploading a video with an unaltered, complete Apple loop as its soundtrack "enables" someone to get hold of that loop in its original form (by re-ripping it).


I would argue against this interpretation personally. But different jurisdictions may take a different view.

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Copyright violations: are they valid?

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